Category Archives: Politics Law Society

Politics Law Society

Using FCS is like a turbo booster for Forensics

With growing complexities in digital forensics an efficient investigation can become quite a limited assignment.

Using FCS is like a turbo booster for Forensics

Digital evidence has to be extracted and analyzed so that it makes sense

Law enforcement and border protection often needs to deal with digital evidence hidden in hard drives, smartphones or small flash devices. Extracting the data is only one step inside the long journey to proving guilt or getting ahead criminals before they can complete their crimes.

This is where ACATO is working on providing the 360 degree command system that will empower investigators and forensic laboratories to not only get more out of their existing toolsets but also create an opportunity to go beyond standard procedures.

Making the world a safer place is the mission of ACATO. In order to improve the status quo the development of the „forensic command suite“ is more than just some connectivity tool.

It consists of specialized modules that can deal with different aspects of crime. It helps to identify best approach for chipoffs. Analyzing of large quantities of manipulated videos using special features is done before then going in deep with 3rd party tools so that one can see if the sampling has delivered some red herrings.

The tool can automatically find files hidden in many locations of a drive based on the settings of the researcher. Furthermore this does not stop at locating hidden data inside other files. A separate module focuses on identifying types of digital attacks.

In some cases, financial crimes can be done using obfuscated identities. A special feature can analyze data in relation to a variety of codes that can show hidden identities. The accompanying databases assist the system in dealing with workflows that are needed to respond to particular criminal strategies.
Since money laundry is also a side crime accompanying the main crime this requires to blow away the fog that has been deliberately placed in financial transactions to fool researchers. In field of investment related fraud and misrepresentation, the FIA module helps to deal with joint venture fraud and mutual fund investments that can also be in a form of direct investment in a venture.

The Financial Investment Audit Inspection tool can work with a large amount of investment transactions to identify false profitability claims and tax evasion. Nevertheless, these tools still require well trained officers to make the game changer in their area of operation.

This forensic command suite is not a tool designed to spy on the public. It is supposed to help investigators protect the society against criminal activities. Nevertheless, this tool is only exclusively available to authorities and large enterprises that have a specialized team of forensics experts.

ACATO provides forensic laboratory services for courts, lawyers, accused, police forces and companies around the world. It help extract evidence from locked, damaged or deleted smartphones.

Kontakt
ACATO GmbH – International Forensic Services
Chris Bartsch
Heimeranstr. 37
80339 München
0049 89 54041070
presse@acato.de
https://www.acato.org

Politics Law Society

Breach of competition law due to lack of labelling on energy consumption

Breach of competition law due to lack of labelling on energy consumption

Breach of competition law due to lack of labelling on energy consumption

Electronic appliances that can be seen on display but lack labelling on energy consumption constitute a violation of competition law. That was the verdict of the Bundesgerichtshof (BGH), Germany“s Federal Supreme Court (Az.: I ZR 213/15).

Consumers have become accustomed to seeing household electronic appliances such as fridges, washing machines and ovens displaying information on energy consumption. The energy efficiency of an appliance can be critical to the decision whether or not to buy it. Accordingly, merchants are obligated to affix an appropriate label concerning energy consumption to exhibited household electronic appliances. In its ruling of December 15, 2016, the Bundesgerichtshof held that the merchants in question are in breach of competition law if this label is missing.

In the instant case, a merchant had displayed various electronic appliances such as fridges, dish washers, washing machines and ovens in its shop. Because the appliances did not feature the required labelling on energy consumption, the merchant received a formal written warning. The BGH subsequently ruled that the lack of labelling constituted a violation of competition law.

The Court stated that energy-related products need to be labelled with information relating to the appliances“ energy consumption. It went on to say that this labelling requirement applies if the appliances are put on display for customers in such a way that the latter can see them, i.e. either unpacked or wrapped in a clear film. If, on the other hand, the appliances are still in cardboard packaging, the BGH held that the labelling requirement does not apply, as the appliances are not immediately visible to consumers due to the packaging“s lack of transparency. In this situation, it was said that the appliances are not exhibited in the manner necessary for the labelling requirement to apply.

The Karlsruhe judges further noted that the labelling requirement for energy-related appliances is supposed to protect consumers, with the labelling informing them about a device“s energy consumption and thus potentially helping consumers to decide whether or not to purchase it. The judges also pointed out, however, that there is no such obligation in relation to labelling on the packaging, stating that an appliance is considered to be on display if there is no obstruction to it being visibly perceived. This was said not to be the case with respect to products in non-transparent packaging.

Violations of competition law can be met with severe penalties. Formal written warnings, injunction suits and claims for damages are all possible consequences. The law firm GRP Rainer Rechtsanwälte boasts a team of lawyers who are versed in the field of competition law and can enforce or fend off claims arising from violations of competition law.

https://www.grprainer.com/en/legal-advice/intellectual-property-law-and-trademark-law/competition-law.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en

Politics Law Society

BAG: Reduced notice period during probation only applies if employment contract clearly drafted

BAG: Reduced notice period during probation only applies if employment contract clearly drafted

BAG: Reduced notice period during probation only applies if employment contract clearly drafted

Employers ought to tread carefully when it comes to terminating an employment relationship during the probationary period, as a reduced notice period for dismissal only applies if the employment contract has been clearly drafted.

GRP Rainer Rechtsanwälte explains: If employer and employee conclude an employment contract, they typically also agree to a probationary period. Should this period last no longer than six months, it is then possible for either party to terminate the employment relationship, usually within a period of two weeks. If the employer stipulates a longer notice period in an additional clause within its pre-drafted employment contract, this may also apply to the probationary period if the contract is not clear and unambiguous. That was the verdict of the Bundesarbeitsgericht (BAG), Germany“s Federal Labour Court, in a recent ruling from March 23, 2017 (Az.: 6 AZR 705/15).

In the case in question, the parties had laid out as a blanket rule in the employer“s pre-drafted employment contract that the rights and obligation of the parties would be based on the framework collective agreement. This agreement provided for special notice periods during the probationary period. Moreover, a probationary period of six months was agreed to, while another part of the agreement stipulated an applicable notice period of six weeks leading up to the end of the month. This clause made no reference to the previous provisions. The employer terminated the employment relationship during the probationary period whilst observing a notice period of two weeks. The employee resisted this move, arguing that the employment relationship could only be terminated with a notice period of six weeks.

The BAG followed this line of reasoning, stating that the provisions of the employer“s pre-drafted employment contract were general terms and conditions to be interpreted in such a way as your average, non-legally trained employee would understand them. In this case, the contract was said to have been ambiguously worded. The Court held that due to the reference to the framework collective agreement and the agreement concerning a probationary period, it was not evident from the perspective of the employee that this would influence the notice period. The BAG went on to say that the contract was drafted in such a way that only the provision stipulating a six-week notice period was applicable.

Dismissals are among the most common causes of legal disputes in the workplace. To avoid lengthy legal disputes, employers ought to ensure that agreements are detailed and unambiguous. Lawyers who are experienced in the field of employment law can offer advice.

https://www.grprainer.com/en/legal-advice/employment-law.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en

Politics Law Society

BAG: Dismissal at request of works council

BAG: Dismissal at request of works council

BAG: Dismissal at request of works council

It is possible for a works council to push through the dismissal of an employee, as demonstrated by a recent ruling of the Bundesarbeitsgericht (BAG), Germany“s Federal Labour Court, from March 28, 2017 (Az.: 2 AZR 551/16).

The BAG held that if the courts grant the works council“s formal request vis-à-vis the employer to dismiss an employee, this fulfils the requirement for there to be an urgent operational need justifying the employee concerned being issued with ordinary notice of dismissal.

The case before the BAG was unusual in that the works council had requested that the employer transfer or dismiss a long-time employee of the company. This was justified with reference to what were apparently huge tensions between the woman in question and her work colleagues. While works councils typically advocate for the concerns and interest of the workforce, it is also possible for them to request that an employee be dismissed. Having said that, this can only happen under certain limited circumstances, such as when an employee seriously disrupts internal peace within the workplace on multiple occasions as a result of illegal conduct or a gross violation of the principles set out in sec. 75 para. 1 of the Betriebsverfassungsgesetz (BetrVG) [Works Constitution Act], especially in relation to racist or xenophobic acts. If the relevant labour court grants the works council“s request to transfer or dismiss the employee, the employer is then bound by this decision. If the employer nonetheless chooses not to follow the decision, it may have a financial penalty imposed against it.

In the instant case, the works council had requested that the employee be transferred or dismissed. The employer did not initially comply with the request. Following a decision-making process initiated by the works council, the competent labour court called on the employer to dismiss the employee. The employer subsequently issued both exceptional notice and, as an alternative, ordinary notice of dismissal.

The woman in question submitted an action for wrongful dismissal. However, she was only successful with respect to the exceptional notice of dismissal, with the Landesarbeitsgericht Düsseldorf (Regional Labour Court of Düsseldorf) ruling that the ordinary notice of dismissal had been issued effectively. The BAG confirmed the decision, stating that pursuant to the Labour Court“s final ruling, according to which the defendant had to dismiss the plaintiff, there had thus been an urgent operational need justifying ordinary notice of dismissal. That being said, the Court went on to say that the decision did not permit the employer to terminate the employment relationship without notice.

A lot of workplace legal disputes arise in relation to dismissals. Lawyers who are experienced in the field of employment law can advise employers on matters pertaining to employment law.

https://www.grprainer.com/en/legal-advice/employment-law.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en

Politics Law Society

Tax dodgers under pressure – Way out of tax evasion is through voluntary disclosure

Tax dodgers under pressure – Way out of tax evasion is through voluntary disclosure

Tax dodgers under pressure - Way out of tax evasion is through voluntary disclosure

While the number of voluntary declarations for tax evasion is easing off, the same cannot be said of the efforts being put into the fight against tax evasion. It remains possible for tax evaders to submit a voluntary declaration leading to immunity.

Since the rules for voluntary disclosure in relation to tax evasion were tightened in 2016, there has been a clear drop in the number of tax dodgers reporting themselves. Notwithstanding this, the fight against tax evasion continues unabated. Tax evaders are still being convicted with the help of purchased data CDs as well as other storage media, thereby providing federal and state authorities with significant additional income. It would therefore be very wrong for tax evaders to think themselves safe. The data is carefully evaluated by tax investigators. Moreover, the automatic exchange of financial information involving numerous former tax havens began this year. The chances of tax evasion being detected by the authorities has once again gone up as a result of this.

Provided they submit a voluntary declaration on time, it is still possible for tax evaders to avoid criminal prosecution and the threat of a conviction. Having said that, the voluntary declaration needs to have been submitted before the authorities discover the tax evasion. In addition, the voluntary declaration needs to be both complete and error free for it to be effective. To this end, all of the information from the past ten years that is relevant from a tax perspective, among other things, has to be disclosed to the competent tax office.

Without expert assistance, it is almost impossible for a layperson to satisfy the strict requirements set by the legislature. Anybody who nonetheless attempts to prepare a voluntary declaration on their own or with the help of standard templates is taking a substantial risk, it generally not being possible to outline the complex processes in this way and even small errors potentially resulting in the voluntary declaration failing. Should it come to this, there is still the risk of a conviction for tax evasion despite the voluntary declaration.

Those who do not wish to take this risk can turn to lawyers and tax advisors who are versed in the field of tax law. They can accurately assess and give an account of the complex issues and in doing so prepare a custom voluntary declaration which is tailored to the case in question. In the event of a voluntary declaration succeeding, there is no longer any reason to fear further sanctions.

https://www.grprainer.com/en/legal-advice/tax-law/voluntary-disclosure.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en

Politics Law Society

BAG: Post-contractual prohibition on competition invalid without a waiting allowance

BAG: Post-contractual prohibition on competition invalid without a waiting allowance

BAG: Post-contractual prohibition on competition invalid without a waiting allowance

Post-contractual prohibitions on competition that do not provide for compensation for this period, i.e. a waiting allowance, are null and void. That was the verdict of the Bundesarbeitsgericht (BAG), Germany“s Federal Labour Court, in its ruling of March 22, 2017 (Az.: 10 AZR 448/15).

Employment contracts can include post-contractual prohibitions on competition. In this case, the employee commits to not working for a competitor for a specified period time after the employment relationship has come to an end. In return for this commitment, he receives compensation referred to as a „waiting allowance“ (Karenzentschädigung). According to the Bundesarbeitsgericht“s recent ruling, a post-contractual prohibition on competition is invalid in the absence of a waiting allowance. Even if the general terms and conditions include a severability clause, this will not render the prohibition on competition effective.

In the instant case, the plaintiff had worked for the defendant for several years. Both parties had agreed to a post-contractual prohibition on competition without a waiting allowance in the employment contract. The so-called „Nebenbestimmungen“ (ancillary provisions) included a severability clause, according to which the contract remains effective in the event that a provision is invalid. Were this to happen, the invalid provision was to be replaced by a similar provision that most closely reflects the will of the parties within the scope of what is legally possible.

While the plaintiff did observe the prohibition on competition after the employment relationship came to an end, she also sued for payment of a monthly waiting allowance. Her claim was initially successful before the courts of lower instance, but ultimately failed before the BAG.

The ruling clearly demonstrates that the lack of a waiting allowance and the resulting invalidity of the prohibition on competition have consequences for both parties, since neither party is able to derive rights from an invalid prohibition on competition.

The BAG held that the employer had not been entitled to insist on its former employee not working for a competing firm. However, the plaintiff, who had nonetheless adhered to the prohibition on competition, was for her part not entitled to compensation. The Court went on to say that a severability clause could not make up for the violation of sec. 74 of Handelgesetzbuch (HGB) [Germany“s Commercial Code], not even to the sole benefit of the employee, and that a decision needed to have been made no later than immediately following the end of the employment relationship regarding compliance with the prohibition on competition. The BAG ruled that to this end it must be clear from the agreement whether this is valid or invalid. It also noted, however, that an evaluative decision needs to be taken in cases involving a severability clause.

If there is a post-contractual prohibition on competition in place, both the employer and the employee should ensure that it has been agreed in manner that is legally correct. Lawyers who are experienced in the field of employment law can offer advice.

https://www.grprainer.com/en/legal-advice/employment-law.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en

Politics Law Society

BGH: Health claims in relation to mineral water need to comply with the Health Claims Regulation

BGH: Health claims in relation to mineral water need to comply with the Health Claims Regulation

BGH: Health claims in relation to mineral water need to comply with the Health Claims Regulation

Health claims in relation to mineral water need to be consistent with the Health Claims Regulation. This was confirmed by the Bundesgerichtshof (BGH), Germany“s Federal Supreme Court, in its ruling of January 30, 2017 (Az.: I ZR 257/15).

Advertising featuring health claims pertaining to mineral water also needs to adhere to the requirements set out in the Health Claims Regulation. That was the verdict of the Bundesgerichtshof with respect to an appeal against denial of leave to appeal, also noting that the Directive on Mineral Water did not justify any exceptions. In doing so, the BGH upheld the Oberlandesgericht (OLG) Koblenz“s [Higher Regional Court of Koblenz] judgment.

In the instant case, a competition association had complained about a mineral water company“s advertising. The latter had promoted the positive qualities of calcium and magnesium in the advertising for its mineral water on its homepage, among other places. It described how calcium contributes to healthy bones, teeth and muscles, whereas magnesium supports energy metabolism and muscle function. The advertising gave the average consumer the impression that these positive statements applied to the manufacturer“s products and not magnesium and calcium in general. The competition association considered this a violation of the Health Claims Regulation, as the minimum quantities as defined by the Regulation for a „source of calcium“ or „source of magnesium“ had not been met. In the case of beverages, they typically need to account for 7.5 per cent of nutrient reference values per 100 ml. These values were not reached in the case of the advertised mineral water.

The BGH shared the competition association“s view, ruling that the Directive on Mineral Water did not include any special provisions on health claims which would supersede the requirements pursuant to the Health Claims Regulation. Health claims in relation to foodstuffs are only permissible if they comply with the requirements of the Health Claims Regulation. The Court went on to say that stating that a foodstuff is a mineral source is therefore only acceptable if the foodstuff in question contains the requisite amount of the relevant minerals.

Companies often walk a fine line when it comes to advertising, especially with regard to foodstuffs. Violations of competition law can give rise to formal written warnings, injunction suits as well as damages claims. Lawyers who are competent in the field of competition law can assist companies in seeing off or enforcing claims arising from violations of competition law.

https://www.grprainer.com/en/legal-advice/intellectual-property-law-and-trademark-law/advertising.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en

Politics Law Society

Tax evasion: Only voluntary disclosure affords protection from severe penalties

Tax evasion: Only voluntary disclosure affords protection from severe penalties

Tax evasion: Only voluntary disclosure affords protection from severe penalties

Anyone who has been caught for tax evasion should expect to be faced with severe penalties. Voluntary disclosure is the only way of returning to a state of normal tax affairs and avoiding penalties.

While the number of voluntary declarations leading to immunity in relation to tax evasion is decreasing, this does not mean that they are no longer required or that the authorities are easing off in the fight against tax evasion. On the contrary, the cross-border effort to combat tax evasion continues to be stepped up. Among other things, the automatic exchange of financial information that is set to begin this year will make it increasingly difficult for tax dodgers to conceal untaxed income in foreign accounts from the exchequer.

Those who nevertheless attempt to do so are playing a risky game, as tax evasion is met with severe penalties. In the event of a conviction, those concerned could be faced with hefty fines or even custodial sentences. Voluntary disclosure is the only way out of this situation that leads to immunity. Having said that, the voluntary declaration needs to be submitted on time, i.e. before the tax evasion is discovered by the authorities.

Moreover, voluntary declarations leading to immunity are not a sure-fire success. Not only do they need to be submitted on time, they must also be complete and contain no errors. Even small mistakes are not forgiven and can result in a voluntary declaration being ineffective. That is why voluntary declarations should always be prepared with the help of competent legal assistance.

Anybody who decides to forgo this assistance and prepare a voluntary declaration on their own or using standard templates is running the risk of voluntary disclosure failing. It is simply unmanageable for a layperson to keep track of the requirements set out by the legislature for voluntary disclosure leading to immunity and even more difficult to fulfil these, especially since each case of tax evasion is unique and there are accordingly no ready-made solutions for an effective voluntary declaration.

Those who wish to play it safe when it comes to voluntary disclosure should therefore seek the assistance of lawyers who are experienced in the field of tax law. They can assess the circumstances of each individual case and tailor the voluntary declaration so that it includes all of the necessary information and documents while confidentially and discretely working together with their clients.

https://www.grprainer.com/en/legal-advice/tax-law/voluntary-disclosure.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en

Politics Law Society

EU cartel authorities examining possible e-commerce competition violations

EU cartel authorities examining possible e-commerce competition violations

EU cartel authorities examining possible e-commerce competition violations

The European Union“s cartel authorities are targeting e-commerce more aggressively and are carrying out three investigations looking into whether violations of European competition law have occurred.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Our daily lives are no longer imaginable without the internet. An increasing number of goods and services are also being offered online. While consumers are increasingly responding to these offers, growth in cross-border e-commerce has been slow within the European Union. This has apparently made the European Commission, which is responsible for antitrust law, among other things, suspicious.

As was disclosed by the Commission on February 2, 2017, three investigations were opened to examine whether certain practices are being employed that prevent consumers from being able to purchase goods and services across borders at competitive prices and whether European antitrust law has thus been violated.

In doing so, the competition authorities have set their sights on trade in consumer electronics, video games and overnight stays at hotels. According to information provided by one EU competition commissioner, the investigations in these sectors are aimed at determining whether competition regulations are being violated as a result of unfair restrictions on retail prices or certain products being withheld from consumers based on their nationality.

It was said that while there are legal obstacles to e-commerce across borders, there is also reason to suspect that companies might themselves be creating additional hurdles in order to divide up the European internal market and prevent fair competition. Investigations are now underway looking into restrictions on retail prices, discrimination based on location and geo-blocking. These practices have the potential to hamper cross-border e-commerce within the EU and ultimately harm consumers.

If companies have entered into anti-competitive arrangements, this could constitute a violation of European anti-trust law. According to article 101 of the Treaty on the Functioning of the European Union (TFEU), agreements between undertakings and decisions by associations of undertakings that hinder competition within the EU“s internal market are prohibited. That being said, the investigations are still very much in their infancy and it remains to be seen whether violations of antitrust law have in fact occurred.

Violations of antitrust law or competition law can give rise to severe penalties. Lawyers who are experienced in the field of antitrust law can advise on enforcing as well as fending off claims.

https://www.grprainer.com/en/legal-advice/antitrust-law.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en

Politics Law Society

GRP Rainer Rechtsanwälte: Experience with liability claims against executive bodies

GRP Rainer Rechtsanwälte: Experience with liability claims against executive bodies

GRP Rainer Rechtsanwälte: Experience with liability claims against executive bodies

Executive boards, supervisory boards and managing directors are subject to a substantial risk of personal liability. With the help of suitable legal advice and experience, it is possible to reduce this risk.

In addition to bearing a high degree of responsibility, the executive bodies of a company are also faced with a substantial risk of personal liability. Mere negligence may be sufficient to give rise to claims for compensation or damages claims against executive boards, supervisory boards or managing directors, with managers potentially being faced with claims both from the company as well as damages claims brought by third parties.

That being said, there are effective preventative measures that can be taken to reduce this risk of liability. The law firm GRP Rainer Rechtsanwälte has the legal expertise and requisite experience to mitigate these personal liability risks of executive bodies. Apart from preventative counselling, it is also possible to reduce the risk of liability when drafting employment or service contracts as well as when preparing company bylaws. Another significant step is to set up an efficient compliance management system and take out a carefully designed D&O insurance policy.

In order to establish an effective compliance management system (CMS), it is necessary to carry out a specific risk analysis to prevent damage or loss being caused by executive employees and the company. In doing so, it is important to ensure that the CMS is tailored to the requirements of the company in question. The effectiveness of the CMS needs to be reviewed regularly and the system adapted to new requirements.

It is equally important for a D&O insurance policy to always be tailored to individual needs and specific liability risks if it is to cover the key factors in the event of a claim. Care must be taken here to ensure that the insured sum is high enough and that both retroactive coverage and cover for follow-up liability are included in the policy. The D&O insurance policy should also cover both internal and external liability. All of the necessary issues should therefore be clarified and the risks evaluated before taking out the policy.

In this way, the lawyers at GRP Rainer who are experienced in the field of company law can take preventative measures to ensure that the risks faced by managers are considerably reduced. If claims are nonetheless brought against executive boards, supervisory boards or managing directors, all legal means of action can be taken to see off these claims. Conversely, it is, of course, also possible for claims to be asserted and enforced against executive bodies.

https://www.grprainer.com/en/legal-advice/company-law/executive-supervisory-board.html

GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

Kontakt
GRP Rainer LLP
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221-27 22 75-0
+49 221-27 22 75-24
info@grprainer.com
http://www.grprainer.com/en